It all started after I filed a chapter 13. I was behind about $2300.00 (three payments) prior to filing. GMAC provide false information to the courts stating that I was not behind. Then for months they continues to harass me. They returned multiple patments stating "This payment represents one of seven payments due at this time." Where they got seven I have no idea, payment I made began to be missing in action. They would not accept any payment from me unless it was for the full amount. GMAC sent me three forclosure notices. I, each time, called to dispute the arrearage and to remind them of my chapter 13 status. GMAC then sent a request to the courts for a "relief of stay". My attorney at the time advised me to "settle" this with GMAC and make supplemental payments to make up my "post-petition arrearage". I did this against my better judgement. GMAC also tacked on almost $700.00 in "other" fees. Later I discover, was for there attorney.
Then about eight months later GMAC this all happened all over again. GMAC requested another "relief of stay" for their claim that I was six payments behind, again. My attorney again requested that I settle, even though I explained to her that I had proof that GMAC claim was untrue. So I fired her and prepared to go to court alone. To the United States Bankrupcty Courts, with no councel, only me and three years of cleared checks.
GMAC came to court with there big attorney and mortgage auditor. After GMAC went through questioning their witness over my payment history, of course skipping over important detail, I questioned him. GMAC told the judge that due to my account being assessed fees my payments went to paying those fees instead of being applied to my account. Fee for there attorney, and someone to drive past my house monthly "to see if it was still standing". This is not a joke, but I had to laugh in court. Never the less, I WON. They were ordered to repay the fee and fix my account. That was a year ago and only $725.00 was credited to my account.
Then once again about six months later, more fees and more missing payments. I began looking for a new attorney.in the mean time I got a loan from the city and paid the figure GMAC stated I was behind again, $5511.00. I was not about to lose my house.
That was six months ago. I have found a new attorney who is ready to kick some _ss. But guess what I got in the mail today, a statement from GMAC stating that I am $6089.00 behind. All I can do is laugh now. I have every cleared check that I have written them since I filed bankruptcy.
My attorney estimates that I have over-payed GMAC approx. $8000.00. I now realize that this is a game with them. But I will win, again. This is now a clear case of harassment.
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